The Fight Begins.....

Today, a writ of petition was filed in order to challenge California's Prop 8, which just passed on Tuesday. I asked today in my Con Law class what the implications were for gay and lesbians in California. Here is why this is going to be fought out in the courts: The drafters, in retaliation to what the California Supreme Court decided in May, placed thier provision within the Equal Protection Clause. Here is why this is important to watch: Equal protection applies to all people. By placing words that limited equal protection, the question becomes will this effect equal protection as it applies to discrimination protections for sexual orientation. The unanswered question with this insertion of language applies to whether employers can discrimate based on sexual orientation or can landlords refuse to rent to gay and lesbian people. Implicitly attacking the equal protection clause is dangerous in that the attack opens the door for the ability to discriminate to anyone who is not heterosexual. Whether you are for or against same sex marriages, this should alarm you.